Justice Inyang Ekwo of the Federal High Court in Abuja has dismissed a fundamental enforcement rights suit filed by suspended DCP, Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).
The judge dismissed the suit on Thursday following the absence of Kyari’s lawyer and a prayer by the NDLEA counsel to strike out the suit.
The judge said he was aware that Kyari’s lawyer had sent a letter praying the court for an adjournment. However, the said letter was not filed by the lawyer in compliance with the court rule.
Back story
- Recall the NDLEA had arrested Mr Kyari on February 14 on the allegation of his involvement in a case of illicit drug trafficking involving a perpetual transnational drug cartel.
- The six other defendants arrested with Mr Kyari include ACP Sunday J. Ubia, ASP Bawa James, Inspector Simon Agirigba, Inspector John Nuhu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
- Nairametrics had reported that the court declined to order the release of Mr Kyari from NDLEA’s custody after he had instituted a suit against the Federal Government challenging his continued detention.
- In a fundamental rights enforcement suit, Mr Kyari demanded for N500 million as damages against the NDLEA over his alleged unlawful detention.
What happened in court
- When the matter was called up in court. Joseph Sunday, NDLEA’s Director of Prosecution and Legal Services, asked the court to strike out the suit.
- The judge directed that the letter sent by Kyari’s counsel be shown to the NDLEA’s counsel.
- After going through the letter, Mr Sunday told the court that the rule of court mandates that he be copied in the letter which was not done.
- He, therefore, prayed the court to strike out the matter.
- Justice Ekwo, who had warned that he will strike out the suit at the last adjourned date due to delay in service, yielded to NDLEA‘s prayer and struck out the case.
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